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What is Refreshing memory What is Testimony to facts stated in document mentioned in section 159 Section 159 and 160 of Indian Evidence Act 1872

Refreshing memory and Testimony to facts stated in document mentioned in section 159 are defined under section 159 and 160 of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 159 of Evidence Act "Refreshing memory"

A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory.

The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it he knew it to be correct.


 

When witness may use copy of document to refresh memory- Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document:

Provided the Court be satisfied that there is sufficient reason for the non - production of the original.

An expert may refresh his memory by reference to professional treatises.

 

Section 160 of Evidence Act "Testimony to facts stated in document mentioned in section 159"

A witness may also testify to facts mentioned in any such document as is mentioned is section 159, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.

Illustration

A book- keeper may testify to facts recorded by him in books regularly kept in the course of business, if he know that the books were correctly kept, although he has forgotten the particular transactions entered.

 

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